Florida Senate - 2019 SB 1256 By Senator Montford 3-00826B-19 20191256__ 1 A bill to be entitled 2 An act relating to the Apalachicola Bay Area of 3 Critical State Concern; amending s. 375.041, F.S.; 4 appropriating a sum annually for a specified timeframe 5 from the Land Acquisition Trust Fund to a specified 6 area of critical state concern for specified purposes; 7 amending s. 380.0555, F.S.; providing additional 8 principles for guiding development within the 9 Apalachicola Bay Area of Critical State Concern to 10 include projects that protect and improve water 11 quality; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraph (b) of subsection (3) of section 16 375.041, Florida Statutes, is amended to read: 17 375.041 Land Acquisition Trust Fund.— 18 (3) Funds distributed into the Land Acquisition Trust Fund 19 pursuant to s. 201.15 shall be applied: 20 (b) Of the funds remaining after the payments required 21 under paragraph (a), but before funds may be appropriated, 22 pledged, or dedicated for other uses: 23 1. A minimum of the lesser of 25 percent or $200 million 24 shall be appropriated annually for Everglades projects that 25 implement the Comprehensive Everglades Restoration Plan as set 26 forth in s. 373.470, including the Central Everglades Planning 27 Project subject to Congressional authorization; the Long-Term 28 Plan as defined in s. 373.4592(2); and the Northern Everglades 29 and Estuaries Protection Program as set forth in s. 373.4595. 30 From these funds, $32 million shall be distributed each fiscal 31 year through the 2023-2024 fiscal year to the South Florida 32 Water Management District for the Long-Term Plan as defined in 33 s. 373.4592(2). After deducting the $32 million distributed 34 under this subparagraph, from the funds remaining, a minimum of 35 the lesser of 76.5 percent or $100 million shall be appropriated 36 each fiscal year through the 2025-2026 fiscal year for the 37 planning, design, engineering, and construction of the 38 Comprehensive Everglades Restoration Plan as set forth in s. 39 373.470, including the Central Everglades Planning Project, the 40 Everglades Agricultural Area Storage Reservoir Project, the Lake 41 Okeechobee Watershed Project, the C-43 West Basin Storage 42 Reservoir Project, the Indian River Lagoon-South Project, the 43 Western Everglades Restoration Project, and the Picayune Strand 44 Restoration Project. The Department of Environmental Protection 45 and the South Florida Water Management District shall give 46 preference to those Everglades restoration projects that reduce 47 harmful discharges of water from Lake Okeechobee to the St. 48 Lucie or Caloosahatchee estuaries in a timely manner. For the 49 purpose of performing the calculation provided in this 50 subparagraph, the amount of debt service paid pursuant to 51 paragraph (a) for bonds issued after July 1, 2016, for the 52 purposes set forth under paragraph (b) shall be added to the 53 amount remaining after the payments required under paragraph 54 (a). The amount of the distribution calculated shall then be 55 reduced by an amount equal to the debt service paid pursuant to 56 paragraph (a) on bonds issued after July 1, 2016, for the 57 purposes set forth under this subparagraph. 58 2. A minimum of the lesser of 7.6 percent or $50 million 59 shall be appropriated annually for spring restoration, 60 protection, and management projects. For the purpose of 61 performing the calculation provided in this subparagraph, the 62 amount of debt service paid pursuant to paragraph (a) for bonds 63 issued after July 1, 2016, for the purposes set forth under 64 paragraph (b) shall be added to the amount remaining after the 65 payments required under paragraph (a). The amount of the 66 distribution calculated shall then be reduced by an amount equal 67 to the debt service paid pursuant to paragraph (a) on bonds 68 issued after July 1, 2016, for the purposes set forth under this 69 subparagraph. 70 3. The sum of $5 million shall be appropriated annually 71 each fiscal year through the 2025-2026 fiscal year to the St. 72 Johns River Water Management District for projects dedicated to 73 the restoration of Lake Apopka. This distribution shall be 74 reduced by an amount equal to the debt service paid pursuant to 75 paragraph (a) on bonds issued after July 1, 2016, for the 76 purposes set forth in this subparagraph. 77 4. The sum of $64 million is appropriated and shall be 78 transferred to the Everglades Trust Fund for the 2018-2019 79 fiscal year, and each fiscal year thereafter, for the EAA 80 reservoir project pursuant to s. 373.4598. Any funds remaining 81 in any fiscal year shall be made available only for Phase II of 82 the C-51 reservoir project or projects identified in 83 subparagraph 1. and must be used in accordance with laws 84 relating to such projects. Any funds made available for such 85 purposes in a fiscal year are in addition to the amount 86 appropriated under subparagraph 1. This distribution shall be 87 reduced by an amount equal to the debt service paid pursuant to 88 paragraph (a) on bonds issued after July 1, 2017, for the 89 purposes set forth in this subparagraph. 90 5. Notwithstanding subparagraph 3., for the 2018-2019 91 fiscal year, funds shall be appropriated as provided in the 92 General Appropriations Act. This subparagraph expires July 1, 93 2019. 94 6. The sum of $20 million shall be appropriated annually 95 each fiscal year through 2029-2030 to the area designated as an 96 area of critical state concern pursuant to s. 380.0555, to be 97 used for the acquisition of lands and projects that improve 98 surface and groundwater quality in the Apalachicola River and 99 Bay, and includes projects such as construction and replacement 100 of stormwater management facilities, central sewage collection 101 and disposal facilities; the installation of onsite sewage 102 treatment and disposal systems; direct and indirect potable 103 reuse; and other water quality and water supply projects. At 104 least 25 percent of the appropriated funds shall be spent on 105 land acquisition. Increased priority must be given to land 106 acquisitions that achieve a combination of conservation goals, 107 including protecting and preserving fisheries and wildlife 108 habitats, recreational spaces, nearshore water quality, surface 109 water resources, and groundwater recharge. At least 3 percent 110 but no more than 10 percent of the funds allocated for land 111 acquisition shall be spent on projects and activities identified 112 during the time of acquisition, including for land management, 113 increased public access and recreational opportunities, and 114 greenways. 115 Section 2. Paragraph (k) is added to subsection (7) of 116 section 380.0555, Florida Statutes, to read: 117 380.0555 Apalachicola Bay Area; protection and designation 118 as area of critical state concern.— 119 (7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional, 120 and local agencies and units of government in the Apalachicola 121 Bay Area shall coordinate their plans and conduct their programs 122 and regulatory activities consistently with the following 123 principles for guiding the development of the area: 124 (k) Water quality shall be protected and improved by the 125 construction, operation, maintenance, and replacement of 126 stormwater management facilities; central sewage collection; 127 treatment and disposal facilities; the installation and proper 128 operation and maintenance of onsite sewage treatment and 129 disposal systems; indirect and direct potable reuse; and other 130 water quality and water supply projects. 131 Section 3. This act shall take effect July 1, 2019.